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Bombay High CourtABA/25/2019anticipatory bail granted

Jyoti Anand Pungar v. The State Of Maharashtra

2019-01-08Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 908.25.19 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 25 OF 2019 Jyoti Anand Pungar .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Umesh Mankapure advocate for the applicant Ms. Rutuja Ambekar APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 8, 2019.

P.C.

In crime no. 841 of 2018 registered with Shirur, Pune Rural Police Station, Dist. Pune for offence punishable under Sections 452, 323, 504 and 316 of the Indian Penal Code.

The prosecution story is, the present applicant was accompanying other two co-accused Alka and Deepali who are already arrested in the commission of crime in question. Perusal of papers reflects that no specific overt act is attributed to the applicant in the commission of crime in question but for physical presence. Apart from above, it is not the case of the prosecution that there was common intention on the part of the present applicant as that of other accused persons who are already arrested. That being so, case for pre-arrest bail is made out. Hence, following order.

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O R D E R

(I) Application is allowed.

(II) In the event of arrest of the applicant in crime no. 841 of 2018 registered with Shirur, Pune Rural Police Station, Dist. Pune, she be enlarged on bail on furnishing P.R. bond in the sum of Rs. 15,000/- with one surety in the like amount. (III) Applicant shall attend the Investigating Officer on 18/01/2019, 21/01/2019 and 23/01/2019 between 10.00 a.m. to 12.00 noon and thereafter as and when directed. (III) Applicant shall not influence or tamper with the evidence.

Application stands disposed of.

[NITIN W. SAMBRE, J.]